Please read the Terms and Conditions carefully before you start using Swapkaart because by using the Website you accept and agree to be bound and abide by these Terms and Conditions.
These Terms and Conditions are effective as of January 1, 2022. We expressly reserve the right to change these Terms and Conditions from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Website and these Terms and Conditions from time to time and to familiarize yourself with any modifications. Your continued use of this Website after such modifications will constitute acknowledgement of the modified Terms and Conditions and agreement to abide and be bound by the modified Terms and Conditions.
Introduction
Swapkaart.com and app.swapkaart.com is owned and operated by Born Studio B.V, located at Piet Mondriaansingel 243, 1112 XH Amsterdam, the Netherlands.
We refer to our organization using the terms "Swapkaart " , "us", "our" etc., and to you as a user or visitor of the site or platform using the terms "you", "your" etc.
Third-Party Websites
This Website may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties.
These other websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Website or party by us, or any warranty of any kind, either express or implied.
Disclaimer of Warranties, Limitations of Liability and Indemnification
Your use of Swapkaart is at your sole risk. The Website is provided “as is” and “as available”. We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney’s fees) arising from your violation of any third-party’s rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website. Because the Website is not error or bug-free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party’s property or information.
Personal information
When you visit www.swapkaart.com, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the website, we collect information about the individual web pages or products that you view, what websites or search terms referred you to swapkaart.com, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”
We collect Device Information using the following technologies:
Additionally when you make a purchase or attempt to make a purchase through swapkaart.com, we collect certain information from you, including your name, billing address, shipping address, payment information, email address, and phone number. We refer to this information as “Order Information.”
When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.
Personal profile
You have full control over your Swapkaart Profile, physical card and the persons who you share the information with. Either through link-sharing, QR-codes, NFC, email and more. You can choose which information and content is linked to your Swapkaart card and Profile by having full control of the information you have filled in your account.
Swapkaart cannot be held responsible if someone is able to scan/load your card while you weren"t aware of this. To prevent this from happening we suggest to keep track of where you share your card-urls and where you use your NFC business card.
You can manage the content and data on app.swapkaart.com by editing your profile which is full in control of yourself. You can decide what to share and what not.
If you want to remove all information, You can delete an account at any time. Please do contact us to delete your full Profile and data of it. When you decide to do this, we will delete your Profile and all of the data. After 30 days, the information you have shared will be permanently deleted (because of backups). Please remember that information that others have collected from you, through interacting with you and your information, is not part of your account and is therefore not deleted together with the account. The URL will be deleted and your Profile won't be visible anymore. But people who have saved your contact information into their phone or something else, will not be deleted.
The data you fill in yourself will be processed and saved in our database to make sure your Swapkaart Profile is working properly.
Marketing
We would like to send you information about our products which may be of interest to you. Where we have your consent or it is in our legitimate interests to do so, we may do this by post, email, telephone, text message (SMS) or automated call.
We would also like to share your information with selected developers who provide software for use on our products so that they may send you information about their services, depending on what you agree with us.
If you have previously agreed to being contacted in this way, you can unsubscribe at any time by:
—contacting us via our website
—using the ‘unsubscribe’ link in emails or ‘STOP’ number in texts
It may take up to five days for this to take place.
Infrastructure hosting service
Swapkaart is using Google Firebase and Amazon Web Services (AWS) as infrastructure hosting provider. All Swapkaart platforms, including all customer data, are hosted, stored and processed on these two cloud platforms with data hosting location in the Netherlands.
Personal data
We take every effort to protect your personal data from loss, unauthorized access, modification or disclosure.
Access to your personal data is only permitted among our employees on a need-to-know basis. We do only access your Swapkaart Profile if we have permission of it in case you need to have support or assistance according the setup or other questions.
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Third party applications
We may employ third party companies and individuals to facilitate our Service ("Service Providers"), provide the Service on our behalf, perform Service-related services or assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Webflow
We use Webflow to build our website swapkaart.com. You can read more about how Webflow uses your Personal Information here: https://webflow.com/legal/privacy.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en-US.
Plugnpaid
Our checkout process is based on Plugnpaid platform. You can access their privacy policy via the following link: https://help.plugnpaid.com/help/en-gb/9-legal/49-privacy-policy
We use Facebook remarketing service for advertising purposes. Facebook is provided by Meta Inc. We may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
Term and termination
This Terms and Conditions will become effective in relation to you when you start using the Swapkaart and will remain effective until terminated by you or by us.
Swapkaart reserves the right to terminate this Terms and Conditions or suspend your account at any time in case of unauthorized, or suspected unauthorized use of the Website whether in contravention of this Terms and Conditions or otherwise. If Swapkaart terminates this Terms and Conditions or suspends your account for any of the reasons set out in this section, Swapkaart shall have no liability or responsibility to you.
Change policy
We reserve the right to change this privacy policy at any time. If we decide to change this Privacy Policy, we will post those changes on our Website so our users are always aware of what information we collect, use, and disclose. In all cases, your continued use of our Website after any change to this Privacy Policy will constitute your acceptance of such change.
Governing Law
These Terms and Conditions and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the Netherlands without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the Netherlands.
Cookies are a small text files that are stored in your web browser that allows Swapkaart or a third party to recognize you. Cookies can be used to collect, store and share bits of information about your activities across websites, including on Swapkaart website.
Cookies might be used for the following purposes:
To enable certain functions
To provide analytics
To store your preferences
To enable ad delivery and behavioural advertising
Swapkaart uses both session cookies and persistent cookies.
A session cookie is used to identify a visit to our Website. These cookies expire after a short time, or when you close your web browser after using our Website. We use these cookies to identify you during a single browsing session, such as when you log into our Website.
A persistent cookie will remain on your devices for a set period specified in the cookie. We use these cookies where we need to identify you over a longer period. For example, we would use a persistent cookie if you asked that we keep you signed in.
Third party companies like analytics companies and ad networks generally use cookies to collect user information on an anonymous basis. They may use that information to build a profile of your activities on the Swapkaart Website and other websites that you’ve visited.
If you don’t like the idea of cookies or certain types of cookies, you can change your browser’s settings to delete cookies that have already been set and to not accept new cookies. To learn more about how to do this, visit the help pages of your browser.
Please note, however, that if you delete cookies or do not accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.
